Legal Opinion · Dissent

Lesa M. Primeaux, Formerly Known as Lesa M. Lamont, Formerly Known as Lisa M. Bad Wound v. United States

Court of Appeals for the Eighth Circuit

Decided July 27, 1998No. 97-2691Published

1DissentLoken, Circuit Judge

I respectfully dissent for two independent reasons.

1. The Federal Tort Claims Act (FTCA) allows claims:

[1] against the United States, [2] for money damages, ... [3] for injury or loss of property, or personal injury or death [4] caused by the negligent or wrongful act or omission of any employee of the Government [5] while acting within the scope of his office or employment, [6] under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

FDIC v. Meyer, 510 U.S. 471, 477, 114 S.Ct.…

2Cases cited19 opinions

  1. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  2. Gutierrez De Martinez v. LamagnoSupreme Court of the United States · 1995
  3. Sheridan v. United StatesSupreme Court of the United States · 1988
  4. Ronald Pooler v. United States of America. Ronnie Bradley v. United StatesCourt of Appeals for the Third Circuit · 1986
  5. Garcia v. United StatesCourt of Appeals for the Fifth Circuit · 1985

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